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(영문) 대전지방법원서산지원 2016.02.17 2014가단53259
근저당권설정등기 말소등기 청구의소
Text

1. The plaintiff's main claim is dismissed.

2. The defendant,

A. The Plaintiff’s KRW 10,000,000 and its related thereto are January 1, 2013.

Reasons

1. Basic facts

A. On February 6, 2009, the Plaintiff agreed to sell Go-gu 1500 boxes to E, and received KRW 30,000,000 from E in advance, and then decided to deliver Go-gu 1500 boxes to E by October 31, 2009.

B. E completed the registration of establishment of a neighboring establishment (hereinafter “registration of establishment of a neighboring establishment”) by the Daejeon District Court No. 3640, Feb. 10, 2009, which was received on February 10, 2009, on real estate indicated in the separate sheet, owned by the Plaintiff, with the cooperation of D, which was delegated by the Plaintiff due to lack of body in order to secure D’s Go-gu delivery.

C. On October 31, 2009, E received a certificate of custody (Evidence A 3) from D on the part of the deceased 1500 boxes, and prepared and issued a certificate of custody (Evidence A) to D.

D on March 11, 2010, 50,000 won from the Defendant joining the Defendant was set up a notary public’s office No. 277 of 2010, 2010, 50,000 won due date and 30% per annum of October 31, 2010, and borrowed from the Defendant’s Intervenor’s notarial deed (Evidence No. 4 of 2010).

E. On April 5, 2010, the Defendant joining the Defendant completed the supplementary registration of the establishment registration of the neighboring establishment as the Seosan District Court No. 12053, which was received on April 5, 2010.

(f) On July 1, 2011, D prepared and delivered to the Defendant joining the Defendant a letter of payment (B/L) stating that “I will pay the agreement on the high-gu Go-gu Man-Man-Man-Man-gu by October 30, 201, the lowest 100 persons will make payments until October 30, 201, and the remainder 50 persons will make payments by 2012.”

(g) According to the witness C’s testimony, the term “not later than the end of December 2012” refers to the meaning of “not later than the end of December 2012.” G. On June 10, 2014, the Defendant’s Intervenor sent to the Plaintiff a notice of transfer stating that he/she will transfer to the Defendant the claims as indicated below, and the notice of transfer reached the Plaintiff around that time.

1) The creditor (D) (the money recorded in the document of contract for a loan for consumption, No. 277, No. 2010, which was issued by the debtor to the defendant joining the defendant, is 50,000 won.

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